Constitutional analysis of religious freedom has been hobbled by the idea of “a
wall of separation” between church and state. That metaphor has been understood
to demand that religion be treated far better than other concerns in some contexts,
and far worse in others. Sometimes it seems to insist on both contrary forms of
treatment simultaneously. Missing has been concern for the fair and equal treatment
of religion. In response, the authors offer an understanding of religious freedom
called Equal Liberty.

Religious Freedom and the Constitution, written by Lawrence G. Sager and
Christopher L. Eisgruber, was published earlier this year by Harvard University
Press. Chapter IV, “Ten Commandments, Three Plastic Reindeer, and One
Nation…Indivisible” is available
as an excerpt(PDF).